What does Preamble of Trafficking Survivors Relief Act of 2025 do?

This bill aims to provide for the vacating of certain convictions. It also seeks to provide for the expungement of certain arrests. The legislation is specifically targeted towards victims of human trafficking.

What does SHORT TITLE. of Trafficking Survivors Relief Act of 2025 do?

This bill is formally titled the Trafficking Survivors Relief Act of 2025.

What does FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING. of Trafficking Survivors Relief Act of 2025 do?

This section amends Chapter 237 of Title 18, United States Code, by adding Section 3771A, which addresses motions to vacate convictions or expunge arrests for individuals who are victims of trafficking. Individuals convicted of a Level A offense, or arrested for a Level A or Level C offense, may move the court for relief if the offense was directly related to their status as a victim of trafficking. The court must consider supporting evidence, including affidavits from licensed anti-human trafficking service providers or clinicians, to determine if the movant was a victim of trafficking. If a court grants a motion to vacate a conviction, it must vacate the conviction, set aside the verdict, and expunge all related records. Covered prisoners (those convicted of a Level A or Level B offense and imprisoned) may also be eligible for a reduction in their term of imprisonment if the court finds they committed the offense as a direct result of being a victim of trafficking. The court is required to conduct a particularized inquiry into the facts and circumstances of the original sentencing before reducing a sentence under this section.

What does REPORTS. of Trafficking Survivors Relief Act of 2025 do?

This section mandates reporting requirements related to motions for vacatur or expungement under section 3771A of title 18, United States Code. United States attorneys must submit a report to the Attorney General detailing the number of motions filed, the underlying offenses, the U.S. attorney's response, and the court's final determination. The Attorney General must submit a report to Congress detailing professional training received by United States attorneys on human trafficking indicators. The Comptroller General of the United States must submit a report to Congress assessing the impact of section 3771A, including the number of survivors filing motions, court determinations, and recommendations for improving access to relief and training. These reports are due within one year of the Act's enactment for the U.S. attorney and Attorney General reports, and three years for the GAO report.

What does USE OF GRANTS FOR POST-CONVICTION RELIEF REPRESENTATION. of Trafficking Survivors Relief Act of 2025 do?

This section concerns the use of grants awarded by the Office of Justice Programs or the Office on Violence Against Women. Grant recipients may use these grants for legal representation in post-conviction relief cases. The grant awarding offices are prohibited from preventing recipients from using the grant for such representation.

What does SENSE OF CONGRESS. of Trafficking Survivors Relief Act of 2025 do?

This section expresses the sense of Congress regarding human trafficking. Congress views this Act as an initial measure to address evolving human trafficking tactics, specifically the use of forced criminality. Congress states a commitment to ongoing efforts to combat human trafficking and protect survivors.

What does HUMAN TRAFFICKING DEFENSE. of Trafficking Survivors Relief Act of 2025 do?

This section amends Chapter 1 of Title 18, United States Code, by adding Section 28, titled 'Human Trafficking Defense'. The term 'covered Federal offense' is defined as a level A or level B offense as defined in section 3771A. A defendant charged with a covered Federal offense can establish a rebuttable presumption of duress if they prove by clear and convincing evidence they were a victim of trafficking at the time of the offense. Records and proceedings related to a human trafficking defense can be sealed on motion until a conviction is entered. Failure to assert a human trafficking defense does not preclude its use as a mitigating factor at sentencing or in post-conviction relief proceedings. An individual's failure to assert a human trafficking defense cannot disqualify them from federally funded victim assistance programs.

What does RULE OF CONSTRUCTION. of Trafficking Survivors Relief Act of 2025 do?

This section establishes a rule of construction for the Act. The Act's provisions are not to be interpreted as conflicting with crime victims' rights outlined in section 3771 of title 18, United States Code.

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Trafficking Survivors Relief Act of 2025

Last updated: 2/14/2025 · Introduced: 2/14/2025

Author: Russell Fry (R-SC)

TL;DR (AI)

The bill allows victims of human trafficking to move for relief to vacate convictions or expunge arrests for certain offenses directly related to their status as a victim of trafficking.
The court may reduce the term of imprisonment for covered prisoners if it finds they committed the offense as a direct result of being a victim of trafficking, following a particularized inquiry into the original sentencing.
Grant recipients from the Office of Justice Programs or the Office on Violence Against Women may use their grants for legal representation in post-conviction relief cases, and are not prevented from doing so by the grant awarding offices.

119th Congressin committeeS. 2255(In Committee)Official page

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Includes provisions on preamble, short title., and 6 more.

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